Overview

The Remuneration Tribunal (2018/09 Members of Parliament) Amendment Determination 2018 was introduced to address a specific gap in remuneration for certain parliamentary roles, as identified by the Remuneration Tribunal under the Parliamentary Business Resources Act 2017. This Act empowers the Tribunal to determine the remuneration and allowances for members of Parliament, ensuring that they are fairly compensated for their roles and responsibilities. Enacted by the Parliament of Australia, the policy objective behind this determination was to ensure equitable treatment and recognition of the duties associated with the office of the Manager of Opposition Business in the Senate, following a formal request from the then Special Minister of State in May 2018. The Tribunal's decision was made after consulting with relevant parliamentary authorities to understand the scope and impact of the role, and the determination was designed to be implemented in a manner that does not adversely affect the rights of individuals, as per subsection 12(2) of the Legislation Act 2003.

Scope and Application

The Remuneration Tribunal (2018/09 Members of Parliament) Amendment Determination 2018 applies to the Manager of Opposition Business in the Senate, setting the salary for this position at 25 per cent of parliamentary base salary. This determination is made under the Parliamentary Business Resources Act 2017, which empowers the Remuneration Tribunal to make annual determinations regarding remuneration and allowances for members of Parliament. The Tribunal's role includes setting salaries, travel allowances, and expenses for current and former members of Parliament. The amendment to the 2017 determination was prompted by a request from the Special Minister of State to review the salary of the Manager of Opposition Business in the Senate. The Tribunal consulted with relevant parties to understand the responsibilities of this office before making its decision. This determination is effective from the date specified in the instrument and does not have retrospective application that would adversely affect the rights of any person other than the Commonwealth or its authorities. The Tribunal's power to make, amend, or vary such determinations is outlined in the Acts Interpretation Act 1901, which also allows for the repeal, rescission, revocation, amendment, or variation of any such instrument.

Key Provisions

The main operative sections of the Remuneration Tribunal (2018/09 Members of Parliament) Amendment Determination 2018 establish the framework for amending the remuneration for certain parliamentary offices. Specifically, section 45 and section 46 of the Parliamentary Business Resources Act 2017 empower the Remuneration Tribunal to determine the remuneration for members of Parliament, including the rates of travel allowances for domestic travel and allowances for former members. Schedule 1 of this determination modifies the previous determination, 2017/23, by setting the salary for the Manager of Opposition Business in the Senate at 25 per cent of the parliamentary base salary. This Act imposes obligations on the Remuneration Tribunal to ensure that the remuneration and allowances for parliamentary roles are set in accordance with the statutory requirements. The Tribunal must annually review and determine the rates of remuneration, travel allowances, and expenses for members and former members of Parliament. Additionally, under section 35 of the PBR Act, the Tribunal must conduct an annual inquiry into travel expenses and allowances for domestic travel, except for the rates of travel allowances which are determined separately. The Tribunal is also required to publish its reasons for any determinations it makes, as mandated by the legislation. Breach of the provisions set out in this determination could lead to civil or administrative consequences, although specific offences, penalties, or criminal consequences are not detailed in the explanatory statement. The Act does, however, reference that any retrospective application of this determination is permissible under subsection 12(2) of the Legislation Act 2003, provided it does not adversely affect the rights of any person other than the Commonwealth or an authority of the Commonwealth. The power to repeal, rescind, revoke, amend, or vary any instrument under this determination is conferred by subsection 33(3) of the Acts Interpretation Act 1901, ensuring flexibility in administrative and legislative practices. The explanatory statement underscores that the amendments are made in response to a formal request from the then Special Minister of State, who sought the Tribunal's consideration of the additional responsibilities and commitments required by the Manager of Opposition Business in the Senate. This determination is therefore a direct response to the evolving roles within parliamentary business, ensuring that remuneration reflects the actual duties and workload of parliamentary positions.